Proceedings of the Nodal Deputy Commissioner of Commercial Taxes, Warangal

PROCEEDINGS OF THE NODAL DEPUTY COMMISSIONER OF COMMERCIAL TAXES, WARANGAL

PRESENT : SMT K.HARITHA, M.A.(ENGLISH)

Rc.No. A1/94/2012, Dated:18.09.2013

Sub:-Public services – Commercial taxes Department- certain omissions notice while preparing the panels of ACTOs from the year 2005-06 onwards – Revision of ACTOs panel from the year 2005-06 to 2011-12 proposed- show cause notice issued- written objections called for – written objections filed by certain individuals – submitted –orders passed.

Ref:-1.DC(CT)Warangal prods No.A1/176/2009, dt: 28.1.2011

2. CCT’s Ref No. DX4/818/2011, dt: 15.10.2011

3. DC(CT)WRL RefNo.A1/96/2008, dt: 31.10.2011

4..CCT’s ref No. DX4/612/2008, dt: 31.10.2011

5.CCT’s ref No. DX4/865/2011, dt: 08.11.2011

6.CCT’s Ref No.DX2/133/2011, dt: 18.11.2011.

7.CCT’s Ref No. DX2/612/08, dt: 23.1.2012.

8. DC(CT)WRL Rec No. A1/245/2011, dt: 25.1.2012

9. DC(CT)WRL Rec No. A1/94/2012, dt: 19.03.2012

10.CCT’s ref No. DX2/394/12-2 ZoneV, dt: 3.10.2012.

11. CCT’s Ref No. DX2/390/12, dt: 7.11.2012.

12.DC(CT)WRL.Rc No. A1/94/2012, dt:0 8.01.2013

13.CCT’s ref No. DX4/612/2008 dt:06.08.2013

14. DC(CT)WRL Rec No. A1/94/2012, dt: 07.08.2013

15.Warangal District Gazette No.30/Wgl/2013 Dt.12.08.2013

16.Khammam District Gazette No.A4/84/2013,Dt.12.08.2013.

17.Karimnagar District Gazette No.26/2013 Dt.12.08.2013.

18.Adilabad District Gazette No.8-A Dt.12.08.2013

19.CCT’s ref No. DX4/210/2012, dt:21.08.2013

20.Objection filed by Smt. P.Jyothi, DCTO-II, Hanamkonda,

dt:17.08.2013

21.Objection filed by Sri Khaja Sardhar Ahmed, DCTO-II, Adilabad,

dt:19.08.2013

22.Objection filed by Sri T. Pochaiah, DCTO-IV, Mancheiral,

dt:19.08.2013

23.Objection filed by Sri SM.Hussain, DCTO-I, Mancherial,

dt:19.08.2013

24.Objection filed by Sri M.Kaleem Ahmed Khan, ACTO, ICP Bhoraj,

Adilabad, dt:22.08.2013.

25.Objection filed by Sri T.Rambamu, ACTO, ICP Bhoraj,

Adilabad, dt:19.08.2013.

26.Objection filed by Sri T.Bujji Babu, ACTO, ICP Bhoraj,

Adilabad, dt:22.08.2013.

27.Objection filed by Sri Ravikanth Rao, ACTO, O/o.CTO, Nirmal,

Adilabad, dt:23.08.2013.

28.Objection filed by Sri D.Harish, ACTO, ICP Bhoraj,

Adilabad, dt:22.08.2013.

29.Objection filed by Sri G.Prakash, ACTO, ICP Bhoraj,

Adilabad, dt:22.08.2013.

30.Objection filed by Sri I.Yesurathnam, ACTO, ICP Bhoraj,

Adilabad, dt:22.08.2013.

31.Objection filed by Sri D. Prashanth Kumar, DCTO,

32.Objection filed by Smt. K. Nagamani, DCTO, O/o. ADC(CT), Wgl.,

dt:19.08.2013.

Contd…P…2…

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33.Objection filed by Sri. V. Satyanarayana, DCTO, O/o.CTO, Jagitial,

dt:21.08.2013.

34.Objection filed by Sri P. Ratnaiah, DCTO, O/o.DC(CT), Wgl.,

dt:21.08.2013.

35.Objection filed by Sri V. Madaiah, DCTO, O/o. CTO, Nirmal,

dt:22.08.2013.

36.Objection filed by Smt. G.Pushpalatha, DCTO, O/O.CTO-III,

Khammam, dt:22.08.2013.

37.Objection filed by Smt. A. Venkata Krishna, ACTO, O/o.CTO-II,

Khammam dt:22.08.2013.

38.Objection filed by Sri D. Hanmantha Rao, ACTO, O/o.CTO-II,

Khamam, dt:22.08.2013.

39.Objection filed by Smt. Ch. Malathi, ACTO, O/O.CTO-II, Khammam

dt:24.08.2013.

40.Objection filed by Sri P.Sathi Babu, ACTO, O/o.CTO, Kothagudem,

dt:22.08.2013.

41.Objection filed by Sri M. Ramesh, ACTO, O/o.CTO-I, Khammam,

dt:22.08.2013.

42.Objection filed by Sri N. Srinivas, ACTO, O/o DC(CT), Wgl.,

dt:26.08.2013

43.Objection filed by Sri B. Eshwar, ACTO, O/o CTO,Warangal

dt:26.08.2013

44.Objection filed by Sri L. Chandra Sekhar, ACTO, O/o CTO, Beet

Bazar, dt:26.08.2013.

45.Objection filed by Sri M. Shankar Raju,ACTO, O/o CTO, Beet

Bazar, dt:26.08.2013.

46.Objection filed by Sri K.Babji, ACTO, O/o CTO-III, Khammam,

dt:28.08.2013.

47.Objection filed by Sri Ch.V. Koteshwar Rao, ACTO,O/o CTOIII,

Khammam.

48.Objection filed by Smt. R.L. Mary, ACTO, O/o CTO-III, Khammam,

dt:26.08.2013.

49.Objection filed by Sri C. Shankar, ACTO, O/o CTO, Jagitial

50.Objection filed by Sri N. Rajanna,ACTO, O/o CTO, Narsampet

dt:10.09.2013.

51.Objection filed by Sri K.P. Eliza, DCTO, O/o. BCP, Wankidi,

dt:26.08.2013.

52.Objection filed by Sri N. Kalakar, ACTO, O/o CTO, Jangaon,

dt:30.08.2013

52.Objection filed by Sri M. Venkateshwarlu, ACTO, O/o.CTO-I,

Khammam, dt:22.08.2013.

54. Representation filed by Sri P.Jagadeeshwar Rao, ACTO, O/o.CTO,

Jagitial, dt:23.08.2013.

55.DC(CT), Wgl., Rc.No.A1/94/2012, dt:13.09.2013.

56.CCT’s Ref.No.DX4/79/2013, dt:17.09.2013.

=o=

ORDER:

The Deputy Commissioner (CT), Warangal Division, Warangal vide Procgs., 1st cited has finalized the seniority list of ACTOs for the panel years 2005-06 to 2007-08 and vide procdgs 8th cited has finalized the seniority list of ACTOs for the panel year 2008-09 to 2010-11 of Warangal Nodal Division (Zone-V). The proposed revision of seniority of ACTOs from panel year 2005-06 to 2010-11 issued vide reference 9th cited has been withdrawn for the reason mentioned therein.

Contd…P…3…

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In the reference 6th cited the Commissioner of Commercial Taxes, A.P., Hyderabad has requested all the Nodal Deputy Commissioners (CT) in the State to rectify the omissions noticed while preparing the panels, duly including the upgraded posts in the cadre of ACTOs sanctioned and allocated vide G.O.Ms.No.201, Fin.(SMPC), Dept., dt.24.08.2005 read with G.O.Ms. No.561, Rev.(CT-I) Dept., dt.13.03.2006.

The Commissioner of Commercial Taxes, A.P., Hyderabad while communicating the copies of G.O.Ms.No.1758, Rev. (CT-I) Dept., dt.11.10.2011 and G.O.Ms.No.1759, Rev. (CT)-I), Dept., dt.11.10.2011 vide reference 2nd cited requested all the Nodal Deputy Commissioners in the State to take necessary action for filling up of the DCTO & ACTO posts kept vacant in the name of City List.

In view of the above orders issued by the Commissioner of Commercial Taxes, A.P., Hyderabad in the reference 2nd cited and taking into consideration of the upgraded ACTO posts and earmarked City List vacancies, the revision of seniority lists of ACTOs for the panel years 2005-06 to 2010-11 were prepared and communicated by the DC(CT), Warangal vide references 1st9th cited.

Regarding City list vacancies the Govt. issued orders amending the APCT SS Rules 1990 in G.O.Ms.No.1758, Revenue (CT.I) Department, dt.11.10.2011, facilitating filling up of City list quota with RPs by re-casting the 10 point cycle as per rule-3 therein. So the quota for City List was made available for filling up with RPs after the date of G.O. only. The carry forward vacancies will be considered for RPs in the panel year 2011-12 only and later in the respective panel years. Thus in between 15-2-2003 and 11-10-2011 the 10th point which was earmarked for City List quota are not taken into consideration for Rank Promotees. Hence it is only from 11-10-2011 onwards, this point will go to RPs. Therefore under this quota, RPs are filled after 11-10-2011 only and accordingly placed in the panel year 2011-12. The same policy was adopted by the CCT in the integrated seniority list of other zones. Hence, the same policy has been taken into consideration while preparing seniority list from 2005-06 to 2011-12. Against the City List vacancies Sri D.Harish and others have filed O.A. No. 1709/2013, before Hon’ble APAT which is pending in Tribunal. The filling up of city list quota posts is subject to the outcome of various O.As pending before Hon’ble APAT, Hyderabad.

The Government of A.P. have sanctioned and allocated (16) upgraded posts of ACTOs to ICP Bhoraj/BCPs Bhainsa and Wankidi of Adilabad Division and (3) upgraded posts of ACTOs to Karimnagar and Adilabad divisions vide G.O.Ms.No.201, Fin. (SMPC) Dept., dt.24.08.2005 read with G.O.Rt.No.561, Revenue (CT-I) Dept., dt.13.03.2006.

Contd…P…4…

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The following is the proposed vacancy position of ACTOs for the period from 2005-06 to 2011-12 for revision of finalized seniority lists 1st & 8th cited:-

Panel Year / No.of vacancies arised by way of Retirement/ Promotion/ Expired / New posts sanctioned / Upgraded, if any / Total vacancies (Col.No.2+3) / Vacancies meant for DRs / Vacancies meant for RPs / Vacancies meant for City List
(1) / (2) / (3) / (4) / (5) / (6) / (7)
2005-06 / 32 / 19 / 51 / 21 / 27 / 3
2006-07 / 8 / 0 / 8 / 3 / 4 / 1
2007-08 / 7 / 0 / 7 / 2 / 4 / 1
2008-09 / 29 / 0 / 29 / 12 / 14 / 3
2009-10 / 19 / 0 / 19 / 8 / 9 / 2
2010-11 / 22 / 0 / 22 / 8 / 12 / 2
2011-12 / 19 / 0 / 19 / 6 / 11 / 2
Total / 136 / 19* / 155 / 60 / 81 / 14

Note:- 19 (16+3) upgraded posts of ACTOs proposed to include in the panel year

2005-06 and apportioned in the ratio of 40:60 in between DRs and RPs.

Sri B.Balamurali Krishna and Sri D.Anjaiah DR ACTOs of Zone-V have filed O.A.No.8832/2012 and 9173/2012 before Hon’ble APAT. The Hon’ble Tribunal has disposed off the O.As. and stated that “in the light of the judgment in O.A.NO.3044/2009, dt.26-12-2011, the O.A. is disposed of, directing the respondents to prepare the fresh seniority list as per the merit ranking given by APPSC and also as per the provisions of Rule 33(b), 36(i) of the APS & SS Rules after giving opportunity to the affected parties”.

In the light of the judgment in O.A.NO.3044/2009, dt.26-12-2011, O.A.No.8832/2012, and 9173/2012, the seniority of DRs is proposed as per the merit ranking given by APPSC and also as per the provisions of Rule 33(b), 36(i) of the APS & SS Rules. The merit ranking given by APPSC in respect of DR batch of 2007-08 and 2009-10 is implemented.

Aggrieved by the issue of revised SCN dt.25-1-2012, Sri N.Devender, DR ACTO filed O.A.2775/12 praying the court for quashing the SCN and the Hon’ble APAT in its interim order dt.16-4-2012 asked not to finalize the seniority list of ACTOs. Subsequently the O.A. also was withdrawn.

In the meanwhile the Addl.CCT has reviewed the seniority list of Zone-V for the panel year 1992-93 to 1999-2000 and from 2000-01 to 2004-05 vide reference 9th cited in view of the orders of Hon’ble APAT in O.A.No.9424/11 and directions of the Govt. in Memo.No.39295/CT.I(2)/2011, Revenue dt.26-11-2011. As per guidelines in the reference above the matter is re-examined and it is proposed to finalize the seniority list of ACTOs for the panel year 2005-06 to 2011-12 duly following the procedures.

Contd…P…5…

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The Addl.CCT (legal) vide references DX2/390/2012,-Zone-V, dt.07-11-2012 and Ref.No.DX4/612/2008, dt:06.08.2013 has directed the DC, Warangal to prepare the seniority list of ACTOs for the panel year from 2005-06 to 2011-12 duly including relegated list of candidates whose names are not found in CCT’s Ref.No.DX2/390/2012-2, dt.03-10-2012.

To facilitate the finalisation of seniority list as per the directions afresh on the above lines, the panels for 2005-06 to 2011-12 were again prepared and shown in annexure-I (the names of the individuals who find place) and annexure-II (those who did not find place in the panels up to 2011-12) enclosed to the showcause notice was issued in the reference 14th cited and objections werecalled for from the affected individuals to file their objections within (15) days from the date of service of said notice or publication in the District Gazettes or pasting in the Notice boards of the offices whichever is earlier.

In response to the show cause notice for revision of panel years from 2005-06 to 2010-11 and 2011-12 the following individuals filed their objections.

SlNo. / Name of the individual / Designation / Objections dt.
1 / Smt.P.Jyothi / DCTO-II, Hanmakonda / 22.08.2013
2 / Mohd.Khaja Sardar Ahmed / DCTO-II Adilabad / 19.08.2013
3 / T.Pochaiah / DCTO-IV Mancheriyal / 19.08.2013
4 / S.M.Hussain, / DCTO-I, Mancheriyal / 19.08.2013
5 / M.Khaleem Ahmed Khan / ACTO ICP Bhoraj / 22.08.2013
6 / T.Rambabu, / -do- / 22.08.2013
7 / T.Bujjibabu / -do- / 22.08.2013
8 / Ravikanth Rao / ACTO Nirmal / 23.08.2013
9 / D.Harish / ACTO ICP Bhoraj / 22.08.2013
10 / G.Prakash / -do- / 22.08.2013
11 / I.Yesurathnam / -do- / 24.08.2013
12 / K.Nagamani / DCTO Appeals Wgl / 19.08.2013
13 / D.Prashanth Kumar / DCTO Karimnagar / 19.08.2013
14 / V.Satyanarayana / DCTO Jagthiyal / 21.08.2013
15 / P.Ratnaiah / DCTO (Manager), Wgl / 21.08.2013
16 / V.Madaiah / DCTO Nirmal / 22.08.2013
17 / G.Pushpalatha / DCTO Khammam III / 22.08.2013
18 / A.Venkata Krishna / ACTO Khammam II / 22.08.2013
19 / D.Hanumantha Rao / ACTO Khammam II / 22.08.2013
20 / Ch.Malathi / ACTO Khammam II / 24.08.2013

Contd…P…6…

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21 / P.Sathibabu / ACTO Kothagudem / 22.08.2013
22 / M.Ramesh / ACTO Khammam I / 22.08.2013
23 / N.Srinivas / ACTO Warangal / 26.08.2013
24 / B.Eshwar / ACTO Warangal / 26.08.2013
25 / L.Chandra Shekar / ACTO Beetbazar / 26.08.2013
26 / M.Shankar Raju / -do- / 26.08.2013
27 / K.Babji / ACTO Khammam III / 28.08.2013
28 / Ch.V.Koteshwara Rao / -do- / 26.08.2013
29 / Smt R.L.Mary / -do- / 26.08.2013
30 / C.Shankar / DCTO Jagthiyal / 27.08.2013
31 / N.Rajanna / DCTO Narsampet / 10.09.2013
32 / KP Eliza / DCTO Wankhidi / 10.09.2013
33 / N.Kalakar / ACTO Jangaon / 30.08.2013
34 / M.Venkateshwarlu / ACTO Khammam-I / 22.08.2013

The contentions put forth by the affected individuals in their written objections have been examined in detail as hereunder.

COMMON OBJECTIONS FILED BY SMT CH.MALATHI,

SRIV.SATYANARAYANA, SRI N. SRINIVAS ,& OTHERS:

Objections 1. The show cause notice which is said to have been withdrawn and issued on 8.1.2013 was not served on them and also not intimated to them and they are under the impression that the said list would be finalized.

2. In O.A.No. 2775/2012 the Hon’ble Tribunal has mentioned that the Appointing Authority has no power to revise his own seniority list. The records in the form of appeal/revision orders passed by the Appointing Authority in exercise of his statutory powers either under Rule 24 or 6 of the A.P. State and Sub-ordinate service Rules or as per the orders of the Apex Court.

3. They submitted that the 16 + 3 upgraded posts of ACTOs sanctioned vide G.O.Ms. No. 201 Fin (SMPC) Deptt. dt 24.8.2005 read with G.O.Rt No. 561 Rev(CT.I) Dept dt 13.3.2006 were allotted to the Direct Recruits, where as these posts were earmarked for Rank Promotes only. Whereas in the show cause notice these posts are apportioned in the ratio of 40 : 60 between the DRs and RPs. The gradation of Senior Assistants shall be taken into consideration for appointment by Rank Promotes only under rule 4(b) of A.P.S & S.S. Rules.

Reply to the objections 1 to 3:

The Addl. CCT(Legal) vide reference DX2/390/2012-Zone-V dt 07.11.2012 and Ref No. DX4/612/2008 dt 6.8.2013 has directed to prepare the seniority list of ACTOs for the panel year from 2005-06 to 2011-12 duly including relegated list of candidates whose names are not found in CCT’s Ref No.DX2/390/2012-2 dt 03.10.2012.

Contd…P…7…

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To facilitate the finalization of seniority list as per the above directions andthe orders Hon’ble APAT in O.A.No. 9424/2011 and directions of the Government in Memo No. 39295/CT.I(2)/2011 Revenue dt. 26.11.2011, the matter is reexamined and it is proposed to prepare seniority list from 2005-06 to 2011-12 a fresh and hence earlier show cause notice dated 08-01-2013 was withdrawn. However as the individuals have contended that the show cause notice with drawal was not communicated to them,the same was once again communicated to all the authorities in the Warangal nodal division on 11.09.2013. VideCCT’s Ref No. DX2/133/2011 dt 18.11.2011, the CCT ,A.P.,Hyderabad has requested all the Nodal Deputy Commissioners(CT) in the state to rectify the omissions noticed while preparing the panels duly including the upgraded posts in the cadre of ACTOs sanctioned and allocated vide G.O.Ms. No. 201 Fin (SMPC) Deptt dt 24.8.2005 read with G.O.Rt No. 561 Rev(CT.I) Dept dt 13.3.2006.

As per Rule 4(b) of A.P.S & SS Rules read as under:-

“Where the normal method of recruitment of any service, class or category included direct recruitment, the proportion in which the special rules may require vacancies to be filled by persons recruited direct shall be applicant to all substantive vacancies and direct recruitment shall be made only against the substantive vacancies”

Further the explanation(i) of Rule 4(b) of APS & SS Rules clarified that:

“for the purpose of this rule, not withstanding anything contained in these rules or special or adhoc rules, substantive vacancies shall mean all vacancies in the permanent cadre and all vacancies in the post which have in exist vacancies”

Further the explanation(i) of Rule 4(b) of APS & SS Rules clarified that:

“for the purpose of this rule, not withstanding anything contained in these rules or special or adhoc rules, substantive vacancies shall mean all vacancies in the permanent cadre and all vacancies in the post which have in existence for more than (5) years.

All the posts sanctioned above are more than (5) years and hence these posts are apportioned in the ratio of 40 : 60 between the DRs and RPs and hence the objections are overruled.

Objection No. 4. They submitted that the City List vacancies relates to the panel year 2003-04 onwards to the Rank Promotes . The Hon’ble APAT orders dated 13.3.2013 in OA No. 1709/13 directed to prepare the year wise panels of seniority list of ACTOs by including the city list vacancies from 2003-04 onwards. The APAT has issued interim orders in OA No. 9188 of 2012 dt 13.11.2012 filed by K.Bheekhya, ACTO and OA No.1709/2013 dt 13.2.2013 filed by Sri D.Harish, ACTO directed to prepare the year wise panels of seniority list of ACTOs by including the city list vacancies from 2003-04 only.DR ACTOs have no right in the vacancies kept for the city list vacancies from the year 2003-04 onwards in terms of GO Ms No.1758. Therefore they requested to consider the backlog vacancies from 1975-76 to 2005-06 and onwards of City List vacancies in each panel year by filling with Zone V Rank Promotes.

Contd…P…8…

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Objection No 5. They stated that DR ACTOs have no right in the vacancies kept for the city list. There is a discrepancy of (9) vacancies. In the present show cause notice 136 vacancies mentioned whereas in earlier show cause notice the vacancies were mentioned as 145.

Reply to the objections 4 & 5: The Government in its orders in G.O.Ms.No. 1758 Rev(CT.I) Dept dated 11.10.2011, the Government have amended A.P. Commercial Taxes Subordinate Service rules 1990, facilitating filling up of city list quota with Rank Promotes by recasting the 10 point cycle as per rule 3 therein. So the quota for City List was made available for filling up with R.Ps after the date of G.O. only. The carry forward vacancies will be considered for RPs in the panel year 2011-12 only and later in the respective panel years. Thus in between 15.2.2003 to 11.10.2011 the 10th point which was year marked for city list quota are not taken into consideration for Rank Promotees. Hence it is only from 11-10-2011 onwards , this point will go to RPs and accordingly placed in the panel year 2011-12 the panel year 2011-12 . The same policy was adopted by the CCT in the integrated seniority list of other zones. Hence, the same policy has been taken into consideration while preparing seniority list from 2005-06 to 2011-12. So till this amendment the quota for city list was there in the Rules and made available for filling up with Rank Promotes after the date of 11.10.2011 only and hence these vacancies are earmarked for Rank Promotes from the panel year 2011-12 only. Therefore under this quota Rank Promotes are not filled from 15.2.2003 and these are carry forward to 2011-12.

Against the City list vacancies, Sri D.Harish, ACTO and others has filed OA No. 1709/2013 before Hon’ble APAT which is still pending. This finalization of seniority list of ACTOs shall be subject to outcome of result of the O.A or other OAs pending, if any, before respective judicial forums.

The 136 vacancies are correctly arrived and there are no discrepancy of vacancies noticed.

Objection 6 : The prepared seniority list of ACTOs badly affected the Rank promotes by pushing down by earmarking percentage to the D.Rs every year even though RPs working and officiating the such posts by ignoring them to year mark in the panel year is against rules and to the orders of Hon’ble Courts.

7. The APPSC made allotment of the ACTOs in the year 2007-08 and 2009-10. Rank promotes are entitled seniority from the date of appointment by promotion as ACTO and should be given place in the respective panel years. Delay in making appointment by Direct Recruits should not rest the promotes with adverse consequences denying the benefit of service.

Reply to objection 6 &7: In the light of the judgment in O.A.No 3044/2009 dt 26.12.2011 ,O.A.No.8832/2012 and 9173/2012 , the seniority of DRs are proposed as per the merit raking give by APPSC and also as per the provisions of Rlue 33(b), 36(i) of A.P.S & S.S. Rules.

The issue is under consideration now in fixation of seniority in the cadre of ACTOs based on rota quota principle. Therefore the objections of the individuals are not relevant for the seniority list being revised now. Hence the request of the individuals are not considered.

Contd…P…9…

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SPECIFIC OBJECTIONS FILED BY SRI N. SRINIVAS, ACTO, O/O. DC(CT),WARANGAL

8. There is no provision in the service rules or Hon’ble court orders that every year 30% of the vacancies should be earmarked for D.Rs which should be carry forward to next year as running account, if there is no recruitment of APPSC. Hence, the proposed seniority list has to be revised by including his name in the panel year 2008-09.